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<br />commencing work, the CONTRACTOR shall execute and furnish to CITY a performance bond <br />and a payment bond, each written by a corporate surety, having a resident agent in the State of <br />Florida and having been in business with a record of successful continuous operation for at least <br />five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury <br />of the United States as an acceptable surety on federal bonds in accordance with United States <br />Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting <br />limitation set forth in the circular, in order to qualifY, the net retention of the surety company shall <br />not exceed the underwriting limitation in the circular and the excess risks must be protected by <br />coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised <br />September 1,1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall <br />provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an <br />acceptable manner. The surety company shall have at least the following minimum qualification in <br />accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best <br />Company, Inc., Ambest Road, OIdwick, New Jersey 08858: A to A+. <br /> <br />10.1.2 Two (2) separate bonds are required and both must be approved by the CITY. The <br />penal sum stated in each bond shall be the amount equal to the total amount payable under the <br />terms of the contract. The performance bond shall be conditioned that the CONTRACTOR <br />perform the contract in the time and manner prescribed in the contract. The payment bond shall be <br />conditioned that the CONTRACTOR promptly make payments to all persons who supply the <br />CONTRACTOR with labor, materials and supplies used directly or indirectly by the <br />CONTRACTOR in the prosecution of the work provided for in the Contract and shall provide that <br />the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together <br />with interest at the maximum rate allowed by law; and that they shall indemnifY and save harmless <br />the CITY to the extent of any and all payments in connection with the carrying out of said Contract <br />which the CITY may be required to make under the law. <br /> <br />10.1.3 Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, it shall be the <br />duty of the CONTRACTOR to record the aforesaid payment and performance bonds in the public <br />records of Miami-Dade County, with the CONTRACTOR to pay all recording costs. <br /> <br />10.2 <br /> <br />Bonds, Reduction After Final Payment: <br /> <br />Such bonds shall continue in effect for one (1) year after final payment becomes due <br />except as otherwise provided by law or regulation or by the Contract Documents with the final sum <br />of said bonds reduced after final payment to an amount equal to _L%) of the Guaranteed <br />Maximum Price, or an additional bond shall be conditioned that CONTRACTOR shall correct any <br />defective or faulty Work or material which appears within one (1) year after final completion of the <br />Contract, upon notification by the CITY. <br /> <br />18 <br />